Lawyers representing Donald Trump and federal prosecutors convened in a courtroom to discuss potential restrictions ahead of a trial concerning charges related to the 2020 election. The focus was on what information Trump can disclose about the case. U.S. District Judge Tanya Chutkan, overseeing the hearing, later issued a protective order detailing how Trump’s legal team can manage the vast amount of discovery material they’ll receive.
Judge Chutkan emphasized that the protective order would only pertain to “sensitive” materials and not all discovery, contrary to the government’s request. She also cautioned Trump and his defense about making public statements that could intimidate witnesses or prejudice potential jurors. She stated, “Mr. Trump, like every American, has a First Amendment right to free speech. But that right is not absolute.”
The charges against Trump revolve around his alleged efforts to overturn the 2020 election results. They include conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction, and conspiracy against the right to vote.
John Lauro, Trump’s attorney, hinted at potential trial arguments, suggesting that while Trump might have technically violated the Constitution, he didn’t break any criminal laws. The hearing primarily centered on a protective order that prosecutors requested. They wanted to set guidelines on what information Trump or his lawyers could publicly share before the government releases discovery materials.
Lauro highlighted the unique nature of a case involving a former president, who is also a current presidential candidate, being prosecuted by the administration of his likely general election opponent, President Joe Biden. He argued that the proposed protective order would benefit Biden’s campaign by stifling Trump’s political speech. Judge Chutkan dismissed this political angle, emphasizing the criminal nature of the trial.
The trial is still several months away, with the special counsel’s team proposing a start date just after the new year. They are prepared to hand over 11.6 million pages of discovery in their initial production. Judge Chutkan concluded the hearing by warning Trump’s team to be cautious about their public statements regarding the case.
